Concerned Citizens for a Safe Community has asked the Nye County commissioners for an appeal of the approval of the development agreement for the federal detention center to be placed on the next agenda Jan. 20

"I submitted a letter to each one of the commissioners yesterday in regard to the reconsideration of the vote," said Donna Cox, president of Concerned Citizens for a Safe Community Tuesday. "We did that based on all the verbal changes to the agreement approved on Dec. 16."

County commissioners voted 5-0 on Dec. 16 to approve a 20-year development agreement with CCA, the final approval to building the facility that will house up to 1,500 prisoners at 2250 E. Mesquite Ave.

Committee member Judith Holmgren said the group learned later this week they have to fill out a form to submit a request for an agenda item. They were too late for the Jan. 20 agenda and now may have to wait until the Feb. 17 meeting, Holmgren said.

CCSC claims the county commission hasn't followed Nye County Code 16.32.080, which requires the scheduling of a public hearing within 120 days of a "complete" application for a development agreement.

A subsection states the county commissioners may approve the development agreement if it finds issues identified in the application relating to the project have been adequately addressed.

The agreement has to be in conformity with the public convenience, general welfare and good land use practices; will not be detrimental to public health, safety and general welfare; and will not adversely affect the orderly development of property or the preservation of property values.

The six-page letter to the commission objects to removing a restriction on accepting only federal detainees apprehended in Nevada.

The agreement doesn't address having to treat effluent at Utilities Inc. sewer plant No. 3 at Willow Creek golf course, the group states.

CCSC said the agreement was also modified to ban lighting outside the detention center perimeter.

Among other complaints, the group alleges:

* Exhibits weren't attached to the development agreement for public inspection, only titles;

* The federal contract for CCA to build and operate the facility wasn't available for review by the public;

* There was no total estimate of costs to Nye County;

* Modifications were made only orally;

* Significant water demands by the detention center from the declining water table weren't addressed;

* Citizens requested amendments to the development agreement that weren't read into the record or addressed;

* Desert tortoise numbers were underestimated;

* Sewer service isn't guaranteed;

* The community facilities zone requires a conditional use permit for a for-profit detention center;

* The county accepted the word of CCA officials on a few issues;

* Chairman Joni Eastley said commissioners weren't involved in negotiations, yet commissioners showed knowledge of intricate negotiating points;

* Commissioners violated the intent of the Nevada Open Meetings Act, seating supporters in the front room at the Bob Ruud Community Center and relegating opponents to the back room;

* The county commission vote in favor of the Mesquite Avenue site went against Pahrump Regional Planning Commission recommendations;

* County commissioners sought to deliberately mislead the public by labeling the facility a detention center instead of a prison.

Cox and Concerned Citizens for a Safe Community filed a request for a temporary restraining order to stop the project in federal district court.

Judge Kent Dawson heard arguments on the case Dec. 23 but has yet to issue a decision. The request for the appeal of the decision before county commissioners is a step that has to be taken in pursuing the court case, she said.

"That's something we have to do technically. I know (the commissioners) are going to turn us down. We're just assuming they're going to turn us down at this point, but we have to pursue all our avenues with the court case," Cox said.

Public petitioners who want an item on the agenda can fill out a form. If the Nye County manager doesn't place it on the agenda, members of the public can request an individual commissioner to put it on the agenda.

"You have to get a commissioner that voted against you to put it on the agenda," Cox said.

Commissioner Lorinda Wichman said as of Tuesday she hadn't received the letter, which was placed in commissioners' mailboxes in Pahrump. Commissioner Gary Hollis said he wouldn't comment on the letter as it involves possible litigation.

Commissioner Butch Borasky said some members of the public have placed items on county agendas if they fill out the forms and provide backup information. But Borasky said he isn't sure if there is an appeal process to the commission within the development agreement.

He added if the county reverses it's decision now after signing a contract with a private company, it may risk a huge lawsuit from CCA.

If a request for an appeal of the approval of the development agreement is placed on the agenda, Borasky didn't think it would go anywhere.

"I don't think there's an appetite to reverse it. We all supported it through and through," Borasky said. "Everybody should've been able to get into that meeting and speak if they wanted to."

Borasky questioned where the objectors were during the lengthy approval process for the project. "It was publicized and nobody showed up. Then when we do the development agreement, everybody shows up and screams about it," he said.

The county's legal counsel also weighed in on the issue.

"Under the statutes as well as our ordinance, the vote of the county commission on Dec. 16 was final. They don't have a right to appeal that decision back to the county commission," Nye County Chief Civil Deputy District Attorney Ron Kent said.

Technically, the group is filing a motion for reconsideration, which is up to the board's discretion, Kent said. A commissioner would have to agree to sponsor a motion for reconsideration, he said.

Prior meetings on the subject were all posted in accordance with the Nevada Open Meetings Act, Kent said. No material changes were made to the agreement in the Dec. 16 meeting, only compensation issues, he said.